Tax question...

[inparadise]

Ok, say my husband owes some money and if it isn't paid off in time for tax season and they take it out of his tax return, will I be able to file seperately and claim the kids and they won't touch my money or is it considered joint property? Any help would be appreciated.

[rlynn411]

I would think it would depend on where or who the money is owed to. I believe if you owe child support or govt. back student loans they can take it from your tax return. Not sure if there are other situations where the money can be taken from tax refunds.

[Quaker_Parrots]

Were you on the form, or married when the tax was incurred? If no, you should be able to file an injured spouse claim with the taxes and file together. They will take the money out of just his portion of the taxes. (same goes for any other government bill that you had no part of, like child support(they cant take your taxes if he owes child support, just his), or what have you) I would call the IRS helpline, and check for sure. Check here:
http://www.irs.gov/faqs/faq1-9.html

[joni1269]

They can and will take your tax return to cover his debt. You should file seperately. I have heard of cases where they still dock the return, but I have heard of many more people that slipped past.

My cousin has this problem every year. He did contract work (and he has 5 kids) and got way behind. He is paying what he can (Which isn't much) but they take his return every year - so he is making progress. His wife files seperately and gets a refund check every year.

The first year they took his refund, they filed together because they would get more back. They weren't married yet. They took her refund money as well as his.

[YankeeMary]

There is something you can file it will protect you from his debt, geez I wish I could remember what its called but the CPA last year told us about it. Call the IRS or better yet call H & R Block or Jackson Hewitt, they will know for sure and will tell you.

[Quaker_Parrots]

They can and will take your tax return to cover his debt. You should file seperately. I have heard of cases where they still dock the return, but I have heard of many more people that slipped past.

My cousin has this problem every year. He did contract work (and he has 5 kids) and got way behind. He is paying what he can (Which isn't much) but they take his return every year - so he is making progress. His wife files seperately and gets a refund check every year.

The first year they took his refund, they filed together because they would get more back. They weren't married yet. They took her refund money as well as his.


If she had filed injured spouse, she could have gotten her portion back (It happened to me, and I got my portion of the return, and we filed jointly. It may depend on the state you live in, but by federal law, you can file the injured spouse, and they won't take everything)